Regulated tenancies

Regulated tenancies are now rare in Scotland, as, except under very limited circumstances, they can no longer be created. This section explains how regulated tenancies can be created and brought to an end, and looks at the basic rights of a regulated tenant. 'Regulated' tenancies can also be referred to as 'protected' tenancies. The relevant legislation is the Rent (Scotland) Act 1984.

What is a regulated tenancy?

This section outlines the main characteristics of a regulated tenancy. 

Types of regulated tenancy

This section looks at the two types of regulated tenancy: protected and statutory. 

Creating a regulated tenancy

This page looks at the requirements that must be fulfilled for a regulated tenancy to be created. 

Tenancies that cannot be regulated

There are some tenancies that are excluded from being regulated tenancies. 

Ending a regulated tenancy

This section looks at how a regulated tenancy can be ended by both the tenant and the landlord. 

Ending the contractual tenancy

There are different ways in which a protected or contractual tenancy can be brought to an end. 

Ending the statutory tenancy

There are set ways for the statutory tenancy to be brought to an end. 

Discretionary possession grounds

Discretionary grounds are listed in Part I of Schedule 2 of the Rent (Scotland) Act 1984. The court has discretion in deciding whether to grant an order for possession in these cases. 

Mandatory possession grounds

If the court is satisfied that a mandatory case for possession is met, it must grant the possession order. 

Procedure for repossession

There is a set procedure for repossessing a property let on a regulated tenancy. 

Assignation

Assignation is the legal process whereby one tenant passes the tenancy on to another. 

Succession

Succession is the legal process whereby property is passed automatically by law from one person to another on the death of the first person. 

Rent

One of the distinguishing features of regulated tenancies is the fair rents scheme. This allows a maximum rent level to be fixed by the rent officer. 

Change of landlord

This section looks at a regulated tenant's rights when the ownership of the property they occupy changes hands. 

This content applies to Scotland

Last updated: 29 December 2014